(A) Purpose. The purpose and intent of allowing interim uses is:
(1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;
(2) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district; and
(3) To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
(B) Application, submission requirements, and procedure. The application, public hearing, public notice, and procedure requirements for an interim use permit shall be the same as those for a conditional use permit as provided in this chapter.
(C) Criteria. The Planning Commission and City Council shall consider possible effects of the proposed interim use. Its judgment shall be based upon, but not limited to, the factors outlined in § 153.023 of this chapter.
(D) General performance standards. As may be applicable, the evaluation of any proposed interim use permit request shall be subject to and include, but not be limited to, the general performance standards and criteria outlined in this chapter, and:
(1) The date or event that will terminate the use can be identified with certainty;
(2) The use will not impose additional unreasonable costs on the public;
(3) The user agrees, in writing, to any conditions that the City Council deems appropriate for permission of the use, including the specified termination date or event;
(4) The use is specifically allowed as an interim use in the respective zoning district; and
(5) The applicant enters into a development agreement with the city specifying the termination date or event, and other aspects and conditions of the interim use permit approval.
(E) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date or event stated in the permit;
(2) Upon violation of conditions under which the permit was issued; or
(3) The property is redeveloped to a permitted or conditional use allowed in the respective zoning district.
(F) Abandonment. In the event the interim use is discontinued, the permit shall lapse by non-use one year after notice from the city.
(Ord. 583, passed 8-26-2019)